The Veteran's claim for an earlier effective date prior to January 14, 2015, for the award of service connection for PTSD was denied. The Board found that no new and material evidence had been received within one year after the denial in December 2013, making the previous decision final. As a result, the earliest effective date for the grant of service connection is January 14, 2015.
The deciding factor: The untimely notice of disagreement (NOD) filed on January 14, 2015, was not accepted as an informal claim to reopen the previously denied PTSD claim due to lack of new and material evidence within one year. The effective date for service connection is determined by the date of receipt of a valid claim or the date entitlement arose, whichever is later.
- Claimed conditions
- PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 16, 2020
- Citation
- 20073260
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Denied
The Board denied service connection for an acquired psychiatric disorder, including PTSD, as the Veteran did not have a diagnosis of PTSD or any other psychiatric disorder during the appeal period.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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